


Catching the man

by Sitting_Ducki



Series: Frame Up [1]
Category: NCIS
Genre: Gen
Language: English
Status: In-Progress
Published: 2019-10-06
Updated: 2019-10-08
Packaged: 2020-11-25 15:56:26
Rating: Teen And Up Audiences
Warnings: No Archive Warnings Apply
Chapters: 2
Words: 4,823
Publisher: archiveofourown.org
Story URL: https://archiveofourown.org/works/20914700
Author URL: https://archiveofourown.org/users/Sitting_Ducki/pseuds/Sitting_Ducki
Summary: During Frame Up Tony's name was cleared in the murder of a woman but what if it wasn't and there were more bodies. Being sentenced to death by lethal injection Tony accepts his fate though he knows he's innocent but does anyone else? After his execution  was staged he goes into hiding while they try to draw out the real killer.





	1. Chapter 1

For never have been in this situation Tony strangely knew the routine for the person on death row. Call it too many movies, call it sending too many felons and other criminals to be executed but everything was both real and familiar. When asked what he wanted for his final meal Tony declined anything fancy opting for whatever the usual meal for prisoners were. What he wanted he didn't dare ask for as he knew he would never get it. His visitor's were limited being only his dad and his lawyer who was trying to do all he could to get his execution decision reversed.

“Forget about it. They see me as a play boy and Abby's evidence was spot on. There's nothing more to do and I just have to deal with it. Richard Mayer looks at him.

“Are you telling me you killed that woman?” Tony looks at him like he grew a second head.

“No, I didn't say that and I didn't but if Abby has to go through everything again and a retrial ... they're going to find the same thing. I've paid enough for your fees I don't need to go bankrupt just for them to come to the same conclusion and besides I'd rather die then live my life out in prison.”

“Well I don't know what to say to that.” Tony sighs,

“There's nothing to say. Who is on the final visitors list?” Tony didn’t have high hopes for it but wanted to see his father and Abby at least.

“Agent Gibbs, Ms. Scuito but I'm trying to ban her visit, your father and … What?”

“Why would you try and ban Abby from seeing me? I want to see her.”

“She set up the case for your murder conviction Tony. I get that you are friends with her but it was her evidence that is the cause for this. What do you …?” Tony stops him.

“She was doing her job and I know the guilt must be eating away at her. I want to see her. Who else?”

“Like I said Agent Gibbs, your father and Agent Fornell from the FBI. Are there any other requests?

“I don't want to see Agent Fornell, he's probably here to rub my face in it. Abby and Gibbs are okay and so is my dad.

“Are you sure?”

“It's my choice and if you don't want to honor my requests then there's the door. Besides Abby's my executor of my will.” Mayer just sighs giving him the papers to sign before leaving Tony alone. The execution was going to be in two days and the visitors would be the next day.

“Hey Tony,”

“Gibbs, what brings you here today?” Tony was shocked when Gibbs actually showed never having expected him to come since they hadn’t spoken since the day he was taken to prison. Tony didn’t blame him he was sure that people thought Gibbs should’ve known something but Tony

“Well Fornell wanted to come see you but I didn't think you'd want to see him so I put in the request to see you.” Tony didn’t know what to think about this. 

“Why? Nothing either of you can say will change anything. He would like to see me get the electric chair if it was an option and in the 18 months since I've been here you haven't come to see me once. Why do you two suddenly want to see me? Neither of you could be bothered when I was being held here. Not that I'd approve of Fornell coming to see me and we know he can't just make his way in here.

“We needed to talk to you about something.” Tony sighs and Gibbs can tell he’s not the same man who went in.

“Sorry no questions without my lawyer who is angry with me at the moment but he'll get over it when he gets his next big case.” Gibbs looks at him and Tony leans back in his seat. “What did you really think that I would be okay with this? The way you treated me? The fact that you ignored me while I was in here? The only reason I okay'd you coming today was I was curious why after all this time.”

“I need to know Tony if you in any way harmed those women.” Tony jumps up and Gibbs can see the hurt and anger in his eyes.

“Really? After all this time that's what you and Fornell needed to know? Well that explains why there weren't any visits Agent Gibbs. No I did not harm those or any other women. Why don't you go with your buddy Fornell and laugh about how you tried to trick me.”

“Tony …” 

“Don't! You already said it all with that question. Just go, I still have Abby and my father to see after you.” Gibbs leaves without another word and Anthony comes next. 

“Junior, I never thought we would end up here.” Tony sighs and Anthony sits across from him.

“I know neither did I. I never thought I'd end up in prison much less death row.” Anthony nods and Tony can tell there’s a lot on his mind.  
“I hear you made the forensic scientist the executor of your will?”

“You get the trust dad and what's in my account and my assets go to charity. Some are close to her and she'll know what they need. Some goes into a trust fund for her to manage as needed but yeah she is.”

“Even after what she did? She’s the reason you’re in here and going to to be ...”

“Dad, she didn't do it on purpose. She's like a sister to me and I refused to let her tamper with evidence because I didn't think I'd get the death penalty and she would've lost her job. I'm not worth her losing something she loves doing so much.”

“I wish there was something I could do to help. Another lawyer, someone more equipped to handle a case like this. What can I do?” 

“Make sure I'm buried with mom. That's my final wish for myself, there's money to pay for everything just make sure it's there. Since it's the DiNozzo mausoleum it's under your instructions.”

“Of course Junior. Anything else??

“Don't treat Abby harshly she knows what I want done and she's not going to keep anything away from you. The trust is mostly there and what she gets is what I've saved from working.”

“She means a lot to you?” Tony nods trying to figure out how to explain it.

“Yeah, she's the closest thing to a sister that I have. I still have to see her and …”

“What about the other people you worked with? You used to have such high praise for them but yet she's the only one you'll see?” Tony sighs leaning back in his chair.

“Gibbs was here and I haven't talked to the others since I was found guilty. Gibbs is Gibbs and he is working with the FBI and they think I harmed those women.”

“Junior, surely he knows you better after all this time. I mean they can't have really thought ...” 

“It was their case and he straight out asked me today if I did it. I thought he knew me better too. There's no sense in getting upset nothing can be done about it now.” Anthony stands up and so does Tony.

“I love you Junior and I wish I had done things differently. I wish I had been a better father to you.” Tony hugs him.

“It's fine dad and you can't help what happened. You were a great father to me.” Tony was ready to go back to his cell by the time Abby got there. He was used to not having visitor's so have 4 in one day was taking it's toll. Abby just stood in the doorway not saying anything but Tony could tell she was trying not to cry. “It's okay Abby.”

“No it's not. If I hadn't turned in that report or if I had done something differently then you wouldn't be here.”

“And you would be without a job. You know Fornell's always looking to pin something on me and it would've looked like you were trying to help me. You could've ended up in prison too and then what would've happened? Would you really want your brother to see you in prison for hiding something from federal agents?” Abby sniffs wiping her eyes.

“It's still not fair.” Tony hugs her.

“I know Abs and it's okay.” Abby hugs him tighter. 

“I don't blame you and if anyone else blames you they're an idiot.”

“What about your father? He's going to want to control the estate and ...”

“I told him you were in charge and he gets the trust. As far as he knows the only money associated with it is what's currently in the main trust but the rest is yours for the charities and the church. Mayer revised everything leaving a small portion to that animal shelter you were going on about. The new no kill one you want to help out at. The money should feed at least 300 or so animals for a year or so. They can't hold that many so it should hold them for a while and hopefully they don't last that long there.”

“Thank you but ...”

“It's for the shelter and the rest is to use as you see fit for charities. There's also some for you to get something you need for your lab.”

“I wish there was something I can do.” Abby was pacing and Tony could tell she was worked up.

“Just don't blame yourself I don't blame you.” After more hugs Abby leaves and Tony is taken back to his cell where he spends the night staring at the ceiling. He wondered if it would be quick and painless like they say or if he'd be one of the rare cases where the inmate didn't die right away. He always hated how the media made those cases sound like when they said the inmate was in pain. The next day after being strapped to the gurney the warden looks at him.

“Do you have any final last words?” Tony locks eyes with Fornell before shaking his head and closing his eyes. He felt his mind going numb and then the next sensation he felt was softness.

“What the hell?” Tony opens his eyes to find himself in what looked like a basic bedroom. He was wearing Ohio State sweats and had a heart monitor on his finger. “What on earth is going on?”

“That's a good question DiNozzo.” Tony turns towards the window in shock to see Fornell standing there grinning at him. Tony didn't know what in the world happened but he hoped that he didn't end up in hell because of it.


	2. Chapter 2

**Notes for the Chapter:**

> Takes place mid season 5 or so.

Tony blinked sure that something was off seeing Fornell and waking up somewhere other than a prison cell. Looking around he didn’t say anything trying to figure out what could’ve happened and why Fornell was grinning at him as he approached the bed.

“DiNozzo, nice of you to join us.” Tony stares at him. “Are you okay”

“Is this hell?” Fornell laughs.

“No, I assure you even though you’re stuck here with me it’s not hell. You’re in an FBI safehouse.”

“Why? You wanted me to die for something I didn’t do. What’s going on?”

“Well we know you didn’t kill or harm those women, but the evidence says otherwise. We’re working on finding out who framed you, but it hasn’t been easy, and your execution was one of the fastest I’ve seen take place in a long time from time of sentence to the day … well everyone but me, Ducky and Dir. Sheppard think you’re dead.”

“So, Gibbs and the others don’t know …”

“No and if you don’t want them to, they won’t find out.”

“How’s Abby, McGee and Ziva doing?”

“Not too good. Abby is inconsolable and is ready to quit as is Jethro.”

“I don’t care about Gibbs and his guilt. He thinks I actually could harm and kill those women.”

“No, he doesn’t.”

“Then why isn’t he here and you doing whatever it is you do? Why did he accuse me of doing it?”

“He doesn’t think you killed those women. We got a deal with the prosecutor that if you admitted to the crimes then you would just serve a life sentence. You flew into a rage and had a fit before he could tell you.”

“Because life in prison is oh so promising.”

“Well not but it would’ve given us more time to work on finding the real killer without having to hide you. Now you can stay here while we try and find the real killer and there’s a small backyard enough to stretch out in and a small basketball hoop to give you something to do or we can find another solution.”

“Why do Dir. Sheppard and Ducky know?”

“Once you were sentenced Jethro didn’t speak about you. If someone else brought you up he changed the subject and once confessed it’s because he felt, he failed you. He thinks of you as a son so this …he’s taking it hard. Dir. Sheppard came to me to talk to him and try to see what I could do to get it delayed or more evidence.”

“And Ducky?”

“Where do you think we got the medications to stimulate your death. We could only hope we didn’t get the dose wrong and thought we might’ve done the opposite. You were out for almost 48 hours.” Tony rubs his face. “I know things were …”

“You wanted me put away and Gibbs thinks I killed those women. He never attempted to see me before accusing me to my face, so I don’t buy the trying to trick me into a confession thing. Besides if he didn’t think I was guilty why didn’t you tell him anything? Why isn’t he here?”

“He’s taking this hard and when you didn’t come around, we didn’t want to risk telling him and then you still dying. He would kill us.”

“So, you’ll never tell him?” Tony didn’t know how he felt about this though he was upset with Gibbs he wanted to talk to Abby who he knew wouldn’t be able to keep it a secret.

“That part’s up to you.” They look up to see Jenny in the doorway. “He drove me here but refuses to come inside because of Tobias. He blames you and the FBI for the investigation. He’s leaving for Mexico tonight so …”

“He’s retiring again. I thought they were going to investigate the case.

“He’s on suspension technically for hitting a suspect. I wanted to check on you and discuss if he should know before he goes to Mexico if you hadn’t regained consciousness.” Tony sighs and Jenny pats his hand. “He’s upset and the suspect he hit is a Marine who betrayed his family. Now he’s on suspension and headed to Mexico with the guilt of not being able to help you.” Tony got up and tried to get steady on his feet.

“Sit down Tony.”

“Give me a minute. According to Fornell I’ve been out two days, so I just need to get my feet steady.” When Tony left the bedroom, he found Gibbs in the living room pacing while on the phone.

“There’s nothing I can do right now McGee. I’m with the director. When she’s done here, I’ll go home but …” Gibbs spots Tony standing there. “I’ll call you back.” Gibbs hangs up and stares at Tony.

“Is Abby okay?” Gibbs shakes his head.

“She’s not handling things very well. She thinks you died blaming her. What … I thought this was an FBI safehouse.” Fornell joins them.

“It is, we with the help from Ducky faked his death or rather I did. The FBI doesn’t know anything and it’s just the four of us and Ducky who know right now.

“It’s been two days Fornell.”

“He barely came around. We thought maybe it didn’t work completely. Ducky got his hands on some drugs to stimulate death. We didn’t want to get anyone’s hopes up in case …”

“And you’re going to try and keep him safe cooped up in a safe house?” Fornell starts to answer when Gibbs cuts him off turning to Tony. “Tony, I know you hate me but is this what you want? I’m headed to Mexico thanks to an altercation with a suspect and there at least you have some freedom. You must walk everywhere but you won’t be cooped up. You know Mike and he’s got his daughter in law living there with his granddaughter but …”

“I hadn’t thought about it yet, but I didn’t think you would want me to go anywhere with you. I wouldn’t think you would want me near you.”

“Tony we …”

“Fornell told me.” Fornell nods,

“All you need to do is provide transportation. We’ll get him in touch with his dad, provide him with false identification, a laptop and other things he’ll need. Even for Mexico, I kind of figured that if Tony wanted you to know you would take him with you.”

“What does my dad think is going on? He was going to bury me with my Mom. If it’s been two days …”

“We told him that it takes up to a week to release the body.” They look at Jenny. “He came to me about your body when he couldn’t get any answers and refused to talk to Jethro.”

“Why?”

“He knows I’m upset with you or I was. He’s not thrilled with Abby either for her evidence.” Gibbs sighs.

“I should go check on Abby; McGee says she’s pretty upset. She also took a leave of absence.”

“Could she go to Mexico with us? I want to see her, but I knew she wouldn’t be able to keep it a secret. McGee and Ziva too maybe especially if they’re going to search for who set me up.” Jenny smiles,

“I think that can be arranged. I can have them escort me back here after Jethro’s officially suspended but before you guys leave.” They leave and then Ducky showed up to bring Tony some food and to check him out. Tony had been going over some files of the person he was supposed to be in Mexico. He was a simple guy with a part time work from home job to give him some income.

“It’s not much but it’ll pay for food, things you may need. The Feds will take care of your rent for the first year, but you can work as many or as few hours as you want.”

“Thanks, Fornell, I know …”

“Call me Tobias, it draws les suspicion that way.” Tony smiles,

“Okay Tobias.” Later after a visit from Anthony and Ducky he was cleared for travel.

“Here’s the anonymous email set up for Antonio Gutierrez who lives in Mexico and works part time from home. If you don’t use any nicknames or anything the real killer would find out or already know then it should be fine. He can also keep in touch that way.” Anthony nods,

“I’m glad to know this and know you’re okay Junior. I will try not to send too many but at least let me know how you’re doing.” Tony thinks of something.

“Hey Dad, do you remember Mom’s …” Anthony smiles,

“Yeah, I still remember all of it.” Fornell looks at them and Tony smiles.

“My mom had this weird language we would use. Looked like language but we could use without giving away secrets or private notes. It’s a mix of French and Italian.” Fornell rolls his eyes but nods,

“As long as you don’t’ give away who you are DiNozzo.” Gibbs calls Fornell who then calls Jenny. “Okay let’s go. Abby’s refusing to come if Gibbs is taking someone for WitSec to Mexico. She’s angry with him for not doing that with you and he doesn’t want to leave her long enough to come get you if I could just do the same thing in half the time. Jenny will meet us there with the others.” To Tony’s surprise everyone was there but they could hear how upset Abby was from the porch.

“How can you act so casual about this. I don’t care why they want this person in Mexico. He betrayed us and he betrayed you Gibbs.” Ziva and McGee were staring at Tony behind Abby while Gibbs nods. “I don’t care if they just walked in. He can go jump off a cliff if he’s going I won’t.”

“Well thanks Abby I love you too.” Abby spins around before bursting into tears. “I can go jump off a cliff if you really want me to but if you don’t want me going to Mexico, I guess I can stay in an FBI safe house.”

“You … we thought you died. They said …”

“They said what they believe. Tony’s death was faked so the team can search for the real killer.” Jenny nods,

“Fornell helped us get him away and Jethro’s taking him to Mexico. He didn’t want to leave you guys in the dark though.” Abby hugs Tony.

“What about your dad? He …”

“I saw him and he’s traveling for business but we’re going to stay in touch. I have a new identity; part time job and the FBI will pay for one year of rent.”

“Which with Mike you know it won’t be that much.”

“Does he know I’m coming?”

“No, he knows I’m coming with Abby and another guest but that’s it. He’s got his daughter in law and granddaughter living there now but Mike likes you well enough to keep you.” Fornell got a text.

“Okay, let’s get a move on. Sorry to rush things but we have to start the move.” 

“Where do I go?” Jenny throws him a bag.

“With me, you’re my driver. Get changed … quickly.” Tony pus on clothes like Tim’s and Fornell hands him a gun and a cell phone. 

“Do not turn this off, the charger is in the car. Only shoot if you have to.” They take off and Tony notices a car following them.

“Can I ask you something Dir. Sheppard?”

“Please my friends call me Jenny.”

“Well …” 

“Okay you don’t work for NCIS anymore and I did help save your life so we’re past formalities. Yes, you can ask me anything?”

“Does Gibbs really think I’m innocent or is this show? Doing someone a favor?”

“He does and he’s in on this whole thing but if you didn’t trust him enough to tell him he wouldn’t be involved. He didn’t really strike a suspect that’s the office excuse to why he’s on leave so he can take you to Mexico. Mike also knows you’re going so don’t worry about that. If you weren’t happy with Jethro, then we’d still take you but through another means.”

“So … where are we going?”

“My home, you’re going to help bring in packages like my drivers do and McGee’s there to come back out and you’ll leave with Naomi from my garage to meet Gibbs and Abby.”

“And if I didn’t want to trust Gibbs?”

“Then you’d be alone with only Fornell, a few other agents who didn’t know you by sight and me seeing you. We were discussing if we should say something before you got there when Abby had her meltdown but she’s not doing good since you … well we thought they killed you. She’s taken a leave of absence so …”

“She’s the only one I wanted to know but I knew I couldn’t ask her to keep it a secret and she wouldn’t be able to on her own. Are you sure Ziva …?”

“Who do you think is tailing us to make sure we don’t have problems. You did notice someone was following us, right?”

“Yes, but I figured Fornell had someone or something.”

“No, we have a few other tricks in case there’s problems but no sense borrowing trouble.” They soon reach Jenny’s house and Tony dutifully takes the packages from the trunk inside and McGee grins.

“Are you okay?”

“Yeah, I think so. Just catch this son of a …”

“We will and stay safe.” McGee leaves and Jenny’s maid looks Tony up and down.

“I put food in a box for the trip you’re taking. There’s food on the stove if you want to grab something before, we leave.”

“Thank you,” When they met up with Gibbs Tony was worried about traveling with him even though Abby was going to be with him. “Mike knows we’re coming?”

“Yeah, I just got off the phone with him. He said they’re ready for us though you’ll have the guest room. Leyla and Amira have one room, Mike another and there’s the guest room or a hammock for you. There you can come and go to town if you want. No one’s going to be looking for you there. Tobias says he got you a laptop and part time to earn some money.”

“Yeah he said I can work as many or as few hours as I want to.”

“As long as it keeps you out of trouble and might be good if you can’t sleep. It’s just data entry and …” Tony groans. “What’s wrong?”

“I forgot it in Fornell’s truck.”

“No, he left it there on purpose to send with us. If someone was watching the house it would look off for one person to carry it in and someone else to carry it out.” Tony couldn’t argue with that and soon Abby fell asleep. “Did Tobias tell you what happened when I went to see you?”

“Yeah, I didn’t want to see you if you blamed me. I’m not thrilled with it, but I understand.” Gibbs doesn’t say anything. “Why did you take almost two full years to come see me. If there was a deal …”

“Tony … I couldn’t. I know that sounds like an excuse but seeing you in jail before they found the other bodies was bad enough. Then the prosecution said that going to see you would hurt your case or I’d be removed from it. That’s the last thing I wanted to do or for it to happen. I should’ve found a way or call his bluff and I realized that after everything. Your lawyer said you refused it.”

“I was never given any plea. If I knew that was the only way to not go through that or put you guys through that I would’ve admitted to anything to delay thing He seemed upset that you and Abby were coming to see me. Probably thought you would’ve told me giving him more work.”

“Doesn’t sound like he was very good.” Tony shakes his head.

“Looking back, he wasn’t. He didn’t believe me and wouldn’t let me testify for myself. Then the stuff he pulled on Abby …”

“Where did you find him?”

“He was recommended by my father’s lawyers. They weren’t for that kind of trial though where they found him, I have no idea.” Tony started falling asleep and didn’t wake up until they pull into a parking lot and Abby was on the phone.

“Sorry Ziva’s going to meet us here. Abby’s sister in law just called her.” Abby got out of the truck and they could see she was upset and pacing. When she hung up, she collapses and Tony rushes to her.

“What happened Abs? Are you okay? Is it Luca?”

“That was Carrie. They were in a car accident and it’s bad. She says I should come right away but we’re trying to get you to Mexico and Mike and … she started blaming me for the accident. I don’t know …” Tony hugs her and Gibbs nods,

“Ziva will pick up Tony and take him. I’ll drive you to see your brother and Carrie before flying out to meet them at the Mexico border. They both have cell phones so they can keep in touch.” Abby shakes her head and Tony helps her up.

“You’re going and that’s final. I have a gun, Ziva’s got her ninja skills and with her driving we’ll likely make it to Mike’s place before you get to New Orleans.”

“I’ll go but Gibbs should go with you. Ziva can take me or something but you should travel with him.” McGee was with Ziva as backup and drove Gibbs’ truck with Abby to New Orleans while Tony, Ziva and Gibbs drove towards Mexico in a rented van. Tony felt like things were odd, but he was glad to be out of prison and there were people who believed him. He didn’t know what Mike told his daughter in law, but he hoped they would be okay with him there.


End file.
